SA Traffic Law - Possible to Dispute Demerit Points?

Discussion in 'Traffic Law Forum' started by Zeph17, 14 August 2018.

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  1. Zeph17

    Zeph17 Member

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    Hello all.

    I am inquiring as to the feasibility of disputing demerit points given to me recently that I inquired about and was assured I had not accrued after receiving a fine and proceeded to sign the document relinquishing my right to appeal the fine. The following is a bit of a preamble to the actual nature of the fine.

    Back in April I received a $400 speeding fine, and was (currently still am) on my P2s here in South Australia.
    The circumstances were very frustrating, it was for going 70km/h on the south eastern freeway which is usually 100.

    They had shut down a large section of the freeway at 10:30pm (literally no one on the freeway,) and required us to pull off through a town "Eagle on the Hill" and re-enter the freeway after the roadworks. The speed limit approaching the off ramp changed to 60km/h as there were roadworks approaching further down, keep in mind i wasn't actually near the roadworks, nor could i have been for they were past where i was forced to pull off.

    Though I indeed slowed down substantially I admittedly must not have slowed down to the full 60 (clearly) and was clicked 70 because they re calibrated the speed cameras to the late night speed change, a practice I and many other drivers weren't and are still not aware of and is quite controversial in South Australia.

    A month later I receive the expiation in the mail.

    Frustrating as the circumstances may have been, I was fairly sure I'd lose any appeal, moreover a more haunting possibility loomed on me and it was demerit points, a provisional's worst nightmare. I hastily called Service SA and requested my demerit point balance, which, to my relief, they assured me it was 0. With with my great relief I put it into perspective knowing it could've been worse and signed the document relinquishing my right to appeal the fine and payed it with instalments.

    Fast forward today, August 14th, and I discover I have 3 demerit points, 1 point away from being suspended from driving. Despite relinquishing my right to appeal thinking I understood the full nature of the fine and what punitive measures were being taken, despite the fact I called, asked and was reassured there were no demerit points and despite the fact they had over a month to process the expiation by the time I called, they give me 3 demerit points.

    I might also add here that they actually messed up the instalments, I wasn't being charged because of an error on their side and now my instalments are going to last longer.

    I don't know for sure if I had a bullet proof case with relation to the actual expiation, but if I knew I would be receiving demerit points I would have wanted to engaged in my right to dispute it. At the end of the day they had me sign something that asked if i acknowledged the punitive measures as they were detailed, and I said yes and submitted my payment, then afterward receive demerit points. Its just not right.

    Do I have a case under Traffic Law here?

    Sorry for the tl;dr, any help is greatly appreciated!
     
  2. Bill Murray

    Bill Murray Well-Known Member

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    Because you don't get the points till you pay?

    Payment is basically admitting guilt. You admitted guild, the points apply.

    The system worked as it should, you received the points, be thankful you have a licence as in QLD you wouldn't.
     
  3. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    The cameras are a rort....and the speed restriction signs at roadworks where no one is present at night were supposed to become illegal under Stephen Marshall.

    It's too late now, but I would have asked for a review.
     
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